FTC and Florida Focus on Non-Competes, SCOTUS to Rule on Pension Withdrawal Liability - #WorkforceWednesday® - Employment Law This Week®
Podcast - Who Owns Your DNA? Lessons Learned from 23andMe
Florida Medical Cannabis Business Licensing Process: What Happens Next for MMTC Applicants?
Recent Developments in Florida Energy and Environmental Legislation
The Chartwell Chronicles: Florida Workers' Compensation
Podcast: Discussing Florida’s 2024 Legislative Session
Podcast: Discussing Florida Tort Reform with William Large and Tiffany Roddenberry
Podcast: The Briefing by the IP Law Blog - Miami Terminates FTX’s Naming Rights Deal for NBA Arena
The Briefing by the IP Law Blog: Miami Terminates FTX’s Naming Rights Deal for NBA Arena
Insurers Take Note: New Changes to Florida Law Mean Changes in Claims Handling & Roof Repairs in the Sunshine State
No Password Required: Former Commander, United States Central Command, Executive Director of Cyber Florida and an Appreciator of Battlefield Beef Enchiladas
Hospice Innovators: A Conversation with Jaysen Roa, President and CEO of Avow Hospice
Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
Podcast: Discussing Florida’s Executive Office with Former Governor Bob Martinez
The Transformation of Education in Florida
The FTSA - The FTSA (Fla. Stat. § 501.059), often referred to as Florida’s mini-TCPA, regulates how and when solicitors can call and text consumers. Most notably for present purposes, it prohibits telephonic solicitations...more
Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida...more
Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more
Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer...more
Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone...more
The U.S. District Court for the Middle District of Florida recently denied a defendant’s motion to dismiss on standing grounds even though plaintiff remained on the line to discover the identity of the caller solely for the...more
No one likes receiving telemarketing calls or text messages from strangers. That’s one reason Congress enacted the Telephone Consumer Protection Act more than 30 years ago. Initially designed, in part, to combat the scourge...more
In a per curiam unpublished opinion, the Eleventh Circuit recently held that a plaintiff had standing to assert claims under the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) for his receipt of five...more
In a unanimous en banc decision, the Eleventh Circuit recently held that “a single unwanted, illegal telemarketing text message” is sufficient to allege a concrete injury under the TCPA. Drazen v Pinto, No. 21-10199, 2023 WL...more
Last month, Gov. Ron DeSantis signed H.B. 761/S.B. 1308, a law that will amend the Florida Telephone Solicitation Act. Reports of the FTSA's death cannot be exaggerated. As I will discuss below, while there are some...more
On May 25, 2023, Florida Governor Ron DeSantis signed legislation amending the Florida Telephone Solicitation Act (“FTSA”). The amendment is intended to reign in the proliferation of individual and consumer class actions...more
In 2021, the Florida Legislature took drastic action in amending the Florida Telephone Solicitation Act (FTSA) to make the statute more consumer-friendly after the United States Supreme Court's landmark decision in Facebook...more
May was a difficult month for plaintiffs and potential plaintiffs with alleged Telephone Consumer Privacy Act and Florida Telephone Solicitation Act (“FTSA,” aka Florida’s “Mini-TCPA”) claims in Florida. First, the...more
On May 25, 2023, Gov. Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act, Fla. Stat. § 501.059, a state-law analog to the federal Telephone Consumer Protection Act (TCPA)....more
In July 2021, Florida passed the Florida Telemarketing Solicitation Act (FTSA), affectionately called the "mini-TCPA" by some. Like the Federal Telephone Consumer Protection Act (TCPA), FTSA amended Florida's pre-existing...more
The proposed amendment significantly tightens the conduct that constitutes a violation of the Florida Telephone Solicitation Act (FTSA). The amendment narrows the definition of “autodialer,” limits violations to...more
The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more
With advances in technology and business marketing come changes in the law and new litigation. Many businesses are familiar with the federal Telephone Consumer Protection Act (TCPA) but may be less familiar with Florida’s...more
Wave of Class Actions Targeting Businesses Marketing to Florida Is your business at risk? With the 2022 surge of telemarketing class actions, businesses need to be increasingly concerned about their practices and...more
On November 2, 2022, the U.S. District Court for the Middle District of Florida held, sua sponte, that a plaintiff did not have standing to bring a class action suit alleging a TCPA violation. The February 9, 2022 complaint...more
Florida’s July 1, 2021 Senate Bill 1120, commonly referred to as “Florida’s Mini TCPA,” amended the Florida Telemarketing Sales Act (FTSA). This Bill aims to crack down on telemarketing directed to Florida residents. The FTSA...more
Were you aware that just over a year ago, effective July 1, 2021, Florida enacted an amendment to its telemarketing laws (Fla. Stat. § 501, et. seq.), with striking similarities to the federal Telephone Consumer Protection...more
Florida’s new telemarketing rules—SB 1120 or better known as Florida’s mini-TCPA—went into effect on July 1, 2021. The new legislation creates a private right of action, with potential damages of up to $1500 for each willful...more
Florida recently amended its existing telemarketing laws, the Florida Do Not Call Act and the Florida Telemarketing Act. SB 1120, which went into effect July 1, 2021, imposes significant additional restrictions (and...more
On July 1, 2021, Florida enacted a comprehensive new telemarketing law that arguably goes beyond the federal Telephone Consumer Protection Act (“TCPA”). Referred to as Florida’s “Mini-TCPA,” this new law, CS/SB 1120, updates...more